Legal Order and Legal Values最新文献

{"title":"Motherland as a Form of Collective Survival and a Relevant Object of Ensuring the National Security","authors":"A. I. Melikhov, G. Pratsko","doi":"10.23947/2949-1843-2023-1-2-5-15","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-5-15","url":null,"abstract":"Introduction. In the modern humanitarian science, there is no unanimity in understanding the essence of national security and the main object it is to ensure due to detachment of the modern jurisprudence from the genuine nature and innate capabilities of a human being. The modern geopolitical confrontation clearly shows the constraints of the existing approaches, which consider the national security as a simple aggregate of a person’s, society’s and the state’s security at the present time, whereas the contemporary hybrid wars are first of all aimed at destroying the enemy’s past and programming its future. Therefore, the task to elucidate the relevant subject matter of the national security relations has become an urgent issue for further successful survival of the multinational people of Russia and preservation of the checks and balances principle existing in the world. The aim of the study is to determine the relevant subject and object of ensuring the national security of the Russian Federation.Materials and Methods. The result of the analysis of more than 1000 files containing scientific, methodological, regulatory and educational materials regarding the national security as a legal category has become the material for the present research. The multifacetedness of the studied legal phenomena has induced the application of the interdisciplinary approach and reference to the data obtained by the representatives of anthropological, theological, philosophical and historical legal sciences. The diagrams and categories of the theories of the legal order of society, institutional changes, the geopolitical and security theories have been used as the specific scientific methods. The method of dialectical scientific knowledge, the social systems, management and gaming theories methods were widely used enabling considering the behavior of the security ensuring process participants from the pragmatic perspective.Results. Today’s Russia, as a moment of being of the multinational people of the Russian Federation in the current spatial-temporal reality, is the sovereign unity of the Russian person, society and state formed for collective survival, provision of protection and safety through availability of the necessary forces and facilities, single national order and worldview, along with the single will embodied in the presidential power. “The national security of the Russian Federation” is the result of assessment and maintenance of such beingness of the multinational people of the Russian Federation by means of the citizens’, society’s and state’s forces and facilities, that satisfies in the sovereign and independent way its vital needs for self-preservation, self-renewal and self-reproduction in the past, present and future. By introducing a relevant object of ensuring the national security and by changing the nature of relationships between the subjects, the proposed definition creates the doctrinal basis for transition to a collective model of surviv","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115765402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Educational Resources Developers’ Copyright","authors":"T. Kasyanenko, A. P. Alekseeva","doi":"10.23947/2949-1843-2023-1-2-80-87","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-80-87","url":null,"abstract":"Introduction. Development of digital technologies, expansion of the spheres of distant learning implementation in the context of providing the educational services has resulted in creation and location of large amount of informational content at the open educational resources and institutional websites with access restricted for the external users. As consequence, there arise issues of authorship and copyright holding of the above-mentioned content, the limits of using the intellectual activity results of the authors of such content, distribution of remuneration received for its commercial use, as well as protection of subjects’ copyright whenever it is violated.Materials and Methods. The present study is based on the works of Russian and foreign researchers on copyright, on provisions of the Russian Federation Civil and Labor Law, as well as on the legislation of foreign countries. General scientific and specific scientific methods were used, such as the method of comparative legal studies, which allowed finding out approaches for solving the set forth problems in the frame of the other jurisdictions.Results. The conducted research shows that the problem of unlawful use of the educational content and protection of the rights of the content authors and copyright holders is widely spread and is especially relevant for the open educational resources. The authors of the present article have come to the conclusion that educational online content should be qualified as a complex piece of work and at the same time as a computer software and a unique database. The limits of free use of such a product should be specifically stipulated, i.e. for personal use, for non commercial use. For settling disputes between the authors and educational institutions, it is proposed to specify in an employment contract the types of pieces of work that are considered institutional ones, and to determine the conditions for using them among the parties.Discussion and Conclusions. The investigated problems of creating and locating the large informational-educational content, of using and processing the results of intellectual activity of the authors of such content, distributing the remuneration received for its commercial use, as well as protecting the rights of subjects in case of violation, have great practical importance, because the findings can be applied to solving the problems of exclusive ownership of the institutional pieces of work.","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"71 24","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113992566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Features of Legal Regulation of the Certain Types of Inheritance Agreements","authors":"I. Kolesnik, I. E. Rudik","doi":"10.23947/2949-1843-2023-1-2-68-79","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-68-79","url":null,"abstract":"Introduction. In the Inheritance Law doctrine much attention is paid to the Inheritance Agreement construct as a universal tool for planning the inheritance procedure. However, the content of the Inheritance Agreement depends on the purpose of the agreement. In the present article, the features of each type of the Inheritance Agreement are defined. The aim of the study is to determine the legal regulatory specifics of the relationships being the subject of different types of the Inheritance Agreements and justify the need to apply a particular method of defending the interests of the Parties thereto.Materials and Methods. The social relationships arising from entering, executing and terminating the certain types of the Inheritance Agreements are the object of the present study. The methodological basis of the research includes the general scientific methods: formal-logical analysis, structural-functional and induction methods. From among the specific scientific methods, the legalistic and comparative-legal methods have been used.Results. Based on the purpose of the Inheritance Agreement, five types of this legal construct have been distinguished: the Inheritance Agreement designated for a testator to receive income during his lifetime from the after death descent of inheritance; the one used for financing the implementation of the important testator’s interests after his death; the agreement concluded to encourage the heir’s certain behavior before and (or) after testator’s death, including management of a testator's property; the Inheritance Agreement protecting the will of a testator from being contested by heirs; the Matrimonial Inheritance Agreement. Each type has the features of legal regulation expressed in the ways of defending the rights and interests of the parties to the agreement.Discussion and Conclusions. The analysis of the implementation efficiency of the considered types of the Inheritance Agreements in terms of achieving their Parties’ goals, allowed formulating the following conclusions. For ensuring fulfillment of a testator’s will after his death, it is necessary to allow keeping the record of the inheritance acquiring conditions during the period established for the accession to the heirship. To strengthen protection of a testator’s counterparty in the compensatory contracts, it is necessary to allow encumbering the future inheritance with pledge; impose on a testator the obligation to inform a heir about the alienation of property, being an object of an agreement and reimburse him the incurred expenses; recognise the right of a heir for reimbursement of all the losses incurred due to relying on a testator’s promise to transfer to him the property after death.","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131495430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Political and Legal Provision of the Russian Federation Military Security","authors":"S. Kuzina, I. Sagiryan","doi":"10.23947/2949-1843-2023-1-1-43-56","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-1-43-56","url":null,"abstract":"","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129951019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Purpose and Efficiency of State Governance in the Area of Protection and Use of the Animal World: Legal Values of Administrative Law","authors":"S. Ivanova","doi":"10.23947/2949-1843-2023-1-1-79-89","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-1-79-89","url":null,"abstract":"","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122252001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Increased Economic Crime in the Housing and Utilities Sector: Reasons and Ways to Overcome Them","authors":"B. Bidova, Y. Bystrova, V. G. Grib","doi":"10.23947/2949-1843-2023-1-1-137-147","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-1-137-147","url":null,"abstract":"Introduction. The housing and utilities sector is an integral part of the national economy affecting absolutely all citizens of Russia. In recent years, the number of economic crimes committed in this sector has increased. Bringing down the level of crime, developing the crime preventive measures in this sector constitute the scientific interest and relevance of the study. The purpose of the study is to analyse the reasons of increased economic crime in the sector of housing and utilities (hereinafter — housing and utilities), as well as to develop theoretical and practical recommendations aimed at decreasing the level of crime in this sector.Materials and Methods. To achieve the set forth goal, the general scientific dialectical method of cognition was used, the methods of analysis and synthesis used for generalising theoretical and practical material, the empirical and statistical methods made it possible to draw the main conclusion of the study and achieve the goal.Results. A comprehensive and multifaceted approach to solving the problem of increased economic crime in the housing and utilities sector has been implemented from perspective of criminal law, criminal-procedural and criminological scientific knowledge. The scientific value of this study is gained due to the comprehensive review of the reasons in the context of the overall picture of economic criminality in housing and utilities sector which allows making the most complete conclusions and defining general and specific criminological measures for preventing crime in the housing and utilities sector, namely, general social, economic, organisational and legal and educational measures; the specific ones carried out by the state housing supervision authorities and the internal affairs authorities.Discussion and Conclusions. The analysis of the judicial and investigative materials made it possible to identify the reasons of increased economic crime in the housing and utilities sector, as well as to develop efficient preventive measures to combat such crime. The article provides recommendations for practicing specialists (investigators of the economic crimes in the housing and utilities sector; judges hearing and passing sentences in this category of cases; employees of administrative offices calculating and setting the rates and resource-supplying companies charging the utility payments), as well as for researchers in the field of criminal law sciences.","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115853215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Topical Problems of Transition to the “Green” Economy in Construction, Industry and Transport: Legal Aspect","authors":"A. Ryzhenkov, A. N. Sadkov","doi":"10.23947/2949-1843-2023-1-1-102-114","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-1-102-114","url":null,"abstract":"","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126392719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Framework for Regulating Customs Activity","authors":"M. Betilgiriev, E. A. Filimonova, G. Chekmareva","doi":"10.23947/2949-1843-2023-1-1-69-78","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-1-69-78","url":null,"abstract":"","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"16 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125785576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Main Directions of the Russian Federation State Policy in the Field of Intellectual Property","authors":"T. Shatkovskaya","doi":"10.23947/2949-1843-2023-1-1-57-68","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-1-57-68","url":null,"abstract":"","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"219 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132367930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problems in Organisation of the Notarial, Law Enforcement and Judicial Authorities Interaction within Performing the Certain Notary Actions","authors":"M. Smolenskiy","doi":"10.23947/2949-1843-2023-1-1-115-125","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-1-115-125","url":null,"abstract":"","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131232431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}